Scope clause does not cover work at new lines

The union bargained a memo of agreement that expanded the scope clause to cover the removal of equipment to a new site. When the company lost the old equipment in a fire and established new lines at the second plant, the arbitrator found that the memo did not cover work, only equipment.

By Mark Rogers

04/23/2012|Canadian Labour Reporter|Last Updated: 04/23/2012

Following a fire that completely destroyed a boneless ham processing plant, the employer later set up a new ham-boning production line at another of its facilities. The union said its collective agreement with the employer covered the work on the new production line at the employer’s alternate facility.

In 2003, the union applied to certify a bargaining unit of all the employer’s workers in a particular county and the employees working at the employer’s Blast Freezing facility in an adjacent municipality.

The employer sought to exclude the workers from the Blast Freezing facility from the certificate. In 2004, the labour relations board issued an interim certificate covering the workers in the county. The issue of the workers at the Blast Freezing facility was sent back to the parties.